Dental Negligence Compensation Claims
If you find yourself in need of dental treatment in this day and age it can be an expensive process. As a result it is not unreasonable to expect the best treatment available. However, unfortunately this is not always the case and dental surgeons from time to time will make mistakes. If this happens to you then you may be entitled to make a dental negligence compensation claim.
Even though dentists undertake different training than doctors they are still regarded as being on a par with surgeons. This means they can join both the Royal College of Surgeons of England and Royal College of Surgeons Edinburgh. Increasing numbers of dentists are now qualifying as surgeons and registering with both the General Medical Council and General Dental Council. The main reason for this is that it gives them the opportunity to carry out lucrative facial surgery. Obviously with more dentists now performing surgery it increases the possibility of dental malpractice.
What is Classed as Dental Negligence
A dental negligence solicitor can pursue a claim against a dentist for two broad reasons: medical negligence or clinical malpractice. Medical negligence relates to the failure to provide appropriate treatment for the condition, which is often the result of a mis-diagnosis. Clinical malpractice is where the treatment given is either inappropriate to the condition or was sub-standard.
Dental negligence is a term that covers any kind of injury that has been clearly caused or neglected by your dental health professional. If you have suffered from this it is possible you may be entitled to dental negligence compensation.
You may be able to pursue a claim for dental malpractice if you have suffered physical injury, had your wellbeing harmed or experienced financial loss as a result of mistreatment or an oversight by your dentist.
Some of the most common examples of dental negligence include:
- Incorrect Diagnosis – Which Includes Oral Cancer misdiagnosis.
- Nerve Damage
- Unnecessary Pain or Suffering
- Restorative Dentistry Errors
- Periodontal Disease misdiagnosis
- Cosmetic Dentistry Issues
- Failed Root Canal Treatment
What Do I Need to Consider Before Making a Dental Negligence Claim?
There are two key points to take note of when considering a claim for dental negligence. The first is, as with all legal matters the onus is on the plaintiff to prove their case against the dentist rather than vice-versa. It is a condition of any claim that the plaintiff acted reasonably throughout any treatment. For example one of the most common reasons for complaints against dentists is for failure to treat periodontal disease (gum disease). However, if the plaintiff was a smoker, dentists can argue they had advised them to stop smoking and that advice had been ignored. As a result this could adversely affect any claim you may make or mean that the claim was not progressed.
Another thing to note is that all claims are looked at in context. An example of this is if a patient complains that the colour of a dental crown is not an exact match with their teeth. This raises the question as to whether the plaintiff was reasonable to expect that it should. One factor in this will be the cost of the treatment and what the plaintiffs expectations should have been in relation to this.
Finally it is accepted that any party accused of causing damage to another should be given an opportunity to rectify the situation before legal action commences. This is true in the case of dental negligence. Some people may initially decide to speak directly to their dentist and if so should keep all relevant correspondence as it may be required later. Whereas others may employ the services of a dental negligence solicitor from the start. Whichever route you take it is advisable to discuss your personal situation with a solicitor before agreeing to a final settlement.
Why Should I Choose Tylers Solicitors to Represent My Dental Negligence Compensation Claim?
Here at Tylers Solicitors we have helped numerous patients pursue successful dental negligence claims. Whether you feel you have suffered a mis-diagnosis or sub-standard treatment we are here for you. To discuss your personal circumstances with one of our expert no win no fee solicitors call us today.
Dental Injury Compensation Amounts
The amount of compensation you may be able to claim is likely to be dependent on the severity of the injury you suffer. The more serious your injuries, the more compensation it may be possible to claim.
If you are curious about how much compensation you could be entitled to following your dental injury? Use our simple dental negligence compensation calculator below. Alternatively, you can also get in touch with our no-win, no-fee legal experts today to see how much compensation you could be entitled to and whether you’re eligible to make a dental injury compensation claim.
Loss of a Single Back Tooth
Losing a single back tooth as a result of dental negligence can be not only painful at the time but lead to ongoing issues. If you feel you have lost a back tooth as a result of mistreatment by a dental professional you could be entitled to claim a compensation amount of:
Up to £1430.00
Loss of a Single Front Tooth:
Loss of a single front tooth due to dental negligence can be not only painful but also traumatic. If you feel incorrect dental treatment has led to you losing a front tooth you may be able to claim a compensation amount of:
Up to £3300.00
Loss of Two Front Teeth:
Losing two front teeth can have an effect on not only your physical but also mental health. If you feel your mental or physical well-being has been affected by dental negligence then you may be able to claim compensation up to an amount of:
Up to £6380.00
Loss of Several Front Teeth:
Losing several front teeth as a result of negligent treatment is not only a painful experience but may lead to the need for expensive corrective surgery. The affect on your appearance can be traumatic and have a detrimental effect on your mental health and in some cases the ability to live life normally. If you feel your injury was sustained as a result of negligence you could possibly be eligible to claim a dental injury compensation amount of:
Up to £9540.00
Gum Disease or Similar:
Gum disease is not only painful but if not treated correctly can have far reaching issues. If you feel you are suffering from gum disease as a result of being incorrectly treated or misdiagnosed by a dental professional you could be entitled to make a claim for compensation of:
Up to £32,000
Frequently Asked Questions
Is Tylers a No Win, No Fee Solicitors for Dental Negligence Compensation Claims
Here at Tylers Solicitors we pride ourselves on delivering a comprehensive no win, no fee service to our clients. Whatever type of dental malpractice you feel you have suffered from we can help. If you are in need of an experienced no win, no fee solicitors to assist with your claim for dental negligence get in touch today. Because of our no win, no fee legal service you can start your claim without paying a penny.
How Long Do I Have to Make a Dental Negligence Compensation Claim
The time limit for making a dental negligence claim is three years from the moment you became aware that the treatment you received may have been negligent. Once three years has passed, you will generally be unable to make a claim. However, there are some exceptions to this:
- Anyone claiming on behalf of a child has until the child turns 18 before the three year limit comes into play.
- If you are making a claim for someone who does not have the mental capacity to pursue a claim for themselves there is no time limit for claims.
How Long Will My Dental Negligence Claim Take
As with any claim for compensation there is no definitive timescale. A dental negligence claim can take anything between several months and a few years to settle. This can be dependent on a number of different factors such as severity of any problem and whether your claim is against an NHS or private dentist.
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